R95-096RESOLUTION NO. R95-~
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE AN AGREEMENT
BETWEEN THE STATE OF FLORIDA OFFICE OF
THE ATTORNEY GENERAL FLORIDA MOTOR
VEHICLE THEFT PREVENTION AUTHORITY AND
THE CITY OF BOYNTON BEACH, GRANT NO. 95-
054, PROVIDING FOR GRANT FUNDING IN THE
AMOUNT OF $7,336.00; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Florida Motor Vehicle Theft Prevention
Authority has establiShed a grant program to provide for one
(1) year's funding for equipment and literature to assist in
the reduction of auto theft through education, prevention,
detection and prosecution; and
WHEREAS, the Boynton Beach Police Department has applied
for and been awarded a grant in the amount of $7,336.00;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
~QJL~Q21_l~ The Mayor and City Clerk are hereby
authorized and directed to execute an Agreement between the
State of Florida Office of the Attorney General, Florida Motor
Vehicle Theft Prevention Authority and the City of Boynton
Beach, Grant No. 95-054, providing for grant funding in the
amount of $7,335.00, a copy of said Agreement being attached
hereto as Exhibit "A"
~C2LiD21~2~ That this Resolution
effective immediately upon passage.
shall become
PASSED AND ADOPTED this ~ day of June, 1995.
ITY!~F BOYNT_ON~B~AC~, FLORIDA
Mayor ' P J/ '
Vice Mayor
ATTEST:
Cit~ Clerk
oner
BBPD.Gr=nt
Theft Prevenuio~
6/16/95
AGREEMENT BETWEEN THE STATE OF FLORIDA
OFFICE OF THE ATTORNEY GENERAL
FLORIDA MOTOR VEHICLE THEFT PREVENTION AUTHORITY
AND
City of Boynton Beach Police Department
GRANT NO: 95-054
THIS AGREEMENT is entered into in the City of Tallahassee, Leon County, Florida
by and between the State of Florida, Office of the Attorney General, Florida Motor Vehicle
Theft Prevention Authority (the Authority), an agency of the State of Florida with
headquarters being located in The Attorney General's Office, PL-01, the Capitol, Tallahassee,
Florida 32399-1050, and City of Boynton Beach Police Department, hereafter referred to as
the Provider. The parties hereto mutually agree as follows:
ARTICLE 1. ENGAGEMENT OF THE PROVIDER
The Authority hereby agrees to engage the Provider and the Provider hereby agrees to
perform the services hereinafter set forth. The Provider understands and agrees that all
services are to be performed solely by the Provider and may not be subcontracted for or
assigned without the prior written consent of the Authority. The Provider agrees to supply
the Authority with written notification should it become necessary to change the project
director, financial officer, or authorizing official.
This Agreement shall be performed in accordance with Sections 860.151 through
860.158, Florida Statutes, and Chapters 2-36.001 through 2-36.011, Florida Administrative
Code, which are hereby incorporated by reference.
ARTICLE 2. SCOPE OF SERVICES
The Provider agrees to undertake, perform and complete the services described in the
grant application, hereby incorporated as Attachment A to this Agreement.
ARTICLE 3. TIME_OF PERFORMANCE
This Agreement shall become effective on July 1, 1995, or on the date when the
Agreement has been signed by all parties, whichever is later, and shall continue through June
30, 1996.
ARTICLE 4. AMOUNT OF FUNDS
The Authority agrees to pay the Provider for those services which are completed in
accordance with the terms and conditions of this Agreement, the grant application and the
budget as approved by the Authority. The total sum of monies paid to the Provider for the
costs incurred under this Agreement shall not exceed $7,336. The Provider agrees not to
commingle grant funds with other personal or business accounts.
ARTICLE 5. AUTHORIZED EXPENDITURES
Only expenditures which are detailed in the budget narrative of the grant application
and approved by the Authority are eligible for payment with grant funds. The Authority and
Provider understand and agree that funds may not be used to pay for lobbying the Legislature,
the iudicial branch or a state agency; to pay for entertainment, food or refreshments; to
supplant current efforts; or to purchase decorative items. The Authority and Provider further
agree that travel expenses paid by grant funds will not exceed state rates pursuant to Section
112.061, F.S.; that the Provider shall reimburse the Authority for all unauthorized
expenditures; and that the Provider shall not use grant funds for any expenditures made by the
Provider prior to the execution of this Agreement or after the termination date of the
Agreement.
If the Provider is a unit of local or state government, the Provider must follow the
written purchasing procedures of the government agency. If the Pro'~ider is a non-profit or
for-profit organization, the Provider agrees to obtain a minimum of three (3) written quotes
for all grant-related purchases equal to or in excess of five hundred dollars ($500) unless it
can be documented that the vendor is a sole source supplier. The Authority may approve in
writing an alternative purchasing procedure.
ARTICLE 6. METHOD OF PAYMENT
The Provider may request an advance of up to three months of anticipated expenses,
not to exceed one quarter of the grant total. Subsequent payment shall be based on
reimbursement of monthly expenditures as reported by the Provider.
Reimbursement shall be made monthly based on Provider submission and Authority
approval of the Reimbursement Request Form which constitutes the monthly expenditure
report and the invoice. The Provider shall maintain documentation of all costs represented on
the Reimbursement Request Form. At the Authority's option, the Authority may require that
documentation of expenditures be submitted to the Authority prior to approval Of the invoice:
The Authority may withhold payment if services are not satisfactorily completed. Payments
for the last quarter will be adjusted to reflect anY advances made. The fmal invoice is due to
the Authority no later than 45 days after the expiration or termination of the Agreement.
In accordance with the provisions of Section 215.422, F.S., vendors providing goods
and services pursuant to this Agreement should be aware that, upon receipt, an agency has
five (5) working days to inspect and approve the goods and services provided. Upon
receiving a request for reimbursement from the Provider, the Authority has twenty (20) days
to deliver a request-for payment (voucher) to the Department of Banking and Finance. The
· twenty (20) days are measured from the latter of the date the invoice is received or the goods
or services are received, inspected and approved. Invoices which cannot be processed due to
Provider preparation errors will result in a delay of payment. The invoice payment
requirements do not start until a properly completed invoice is provided to the Authority.
pursuant to Section 215.422(5), F.S., the Department of Banking and Finance has
established a Vendor Ombudsman, whose duties and responsibilities are to act as an advocate
for vendors who may have problems obtaining timely payments from state agencies. The
Vendor Ombudsman may be reached at (904) 488-2924, or by calling the State Comptroller's
Hotline, 1-800-848-3792.
In accordance with the provisions of Section 287.0582, F.S., if the terms of this
Agreement and payment thereunder extend beyond the current fiscal year, the Authority's
performance and obligation to pay under this Agreement are contingent upon an annual
appropriation by the Legislature.
2
ARTICLE 7. ~
The Provider agrees to be responsible for the proper care, custody and distribution of
all grant property in accordance with Chapters 2-36~006 and 2-36.007, Florida Administrative
Code, and agrees not to sell, transfer, encumber, or otherwise dispose of property acquired
with grant funds without the written permission of the Authority.
ARTICLE 8. DocUMENTATION
· . records, and documents (including electronic
The provider shall mmntam books, accounting procedures and practices
storage media) in accordance with generally accepted
which sufficiently and properly reflect all revenues and expenditures of grant funds.
The Provider shall maintain a file for inspection by the AuthoritY that contains all
written invoices for all fees or other compensation for services or expenses in detail sufficient
for a proper pre-audit and post-audit including the nature of the services performed or
expenses incurred, the identity of the person(s) who performed the services or incurred the
expenses, the amount of time expended in performing the services including the day on which
the services were performed, and, if expenses were incurred, a detailed itemization of such.
Documentation shall be maintained at the office of the Provider for a period of two years
from the termination date of the Agreement, or until the audit has been completed and any
findings have been resolved, whichever is later.
The Provider agrees to allow the AuthoritY access, without notice, to all records and
information necessary to ensure compliance with the terms and conditions of this Agreement.
ARTICLE 9. AUDIT
If the grant amount received exceeds $100,000, the Provider agrees to have an audit
performed in accordance with the Rules of the Auditor General, Chapter 10.600, Audits of
State Grants and Aids Appropriations, promulgated pursuant to Section 11.45, F. S.
If the grant amount received exceeds $25,000 but does not exceed $100,000, the
Provider agrees to have an audit performed in accordance with the Rules of the Auditor
General, Chapter 10.600, Audits of State Grants and Aids Appropriations, promulgated
pursuant to Section 11.45, F. S., or have a statement prepared by an independent certified
public accountant which attests that the receiving entity or organization has complied with the~
of
provisions of the grant; or
If the amounts received do not exceed $25,000 the Provider agrees to have the head
the entity or organization attest, under penalties of perjury, that the entity or organization has
complied with the provisions of the grant, applies, is to be submitted by the Provider to the
The audit or attestation, whichever or
AuthoritY no later than 180 days following termination expiration of the Agreement. Upon
written request by the Provider, the AuthoritY may approve submission of the audit at a later
conduct audits as
date. The Provider agrees to allow the AuthoritY, or its representative, to
deemed necessary by the Authority to ensure compliance with the terms and conditions of the
grant.
ARTICLE 10.
The Provider agrees to maintain and timely file such progress, fiscal, inventory, and
other reports as the Authority may require pertaining to this grant.
ARTICLE 11. ~
xem ted by law, all records made or received by the Provider in
Unless specifically e ? -~ --ublic records available for inspection by the publiCallow in
conjUnCtion with this Agreemem at~ v
accordance with the provisions of Section 119.07, F.S. Refusal of the Provider to
public access to such records shall constitute grounds for cancellation of this Agreement.
. ~- :II,~I~ATION OF AGREEMENT
ARItCLE 12. ~ Provider for any reason fails to fulfill the
If, in the juctgment uf the Author[ __
obligations under this Agreement in a timely manner; or, if the Provider should violate any of
the covenants, agreements or stipulations of this Agreement; or, if the Authority determines
that the Provider did not meet the terms and conditions of a prior year Agreement for the
same or similar provision of services; the Authority shall have the right to terminate this
Agreement by giving at least five (5) days written notice of such termination specifYing the
effective date, and by sending the notice through registered mail to the Provider.
Agreement is terminated for convenience or cause, all supplies,
t~°_event this
In the .. d with grant funds shall ~be returned the Authority. Any
ui ment and property purchase . studies, corresponaence, reports and other products
e~q. ? .... ~--;shed documents, data, be made available to and for the
tlnlsrteO or
prepared by or for the Provider under this Agreement shall
exclusive use of the Authority. The Provider agrees to return all unexpended funds to the
AuthoritY within 45 days of the effective date of termination or expiration of the Agreement.
Notwithstanding the above, the Provider shall not be relieved of liability to the
Authority for damages sustai.'.ned by the Authority bY virtue of any termination or breach of
this Agreement by the Provicter. In the event this Agreement is terminated, the Provider shall
be reimbursed for services provided through the effective date of termination.
ARTICLE 13. ~ modifications to this Agreement without
The Provider agrees not to make any
receiving prior written approval of the Authority. Either party may, however, request
reasonable changes in the scope of the services to be performed under this Agreement. Such
which are'mutually agreed upon by all parties shall be confumed in writing by the
· reed by the Executive Director to be
change..s :_ ch changes which ar.e. dee ,---~'~, ~ 1 reanire approval of the
~,~ecuuve Daector. Su ..... ,~ obiectives or ouu~,~- shal
~ · .... difications to me guat~, ,~ ~ to this Agreement.
substantlat mum
AuthoritY, and shall be incorporated in written amendments to ten
The Provider may, at one time during the period of the Agreement, transfer up
percent (10%) of an approved budget category to other approved budget categories without
prior written approval of the Authority.
ARTICLE 14. NONDISCRIMI?A~_OacNe creed, color, national origin, age, sexor handicap,
No person, on the grounCts oI r ,
shall be excluded from participation in; be denied proceeds or benefits of; or be otherwise
sub}ected to discrimination in performance of this Agreement as proscribed by all applicable
state and federal laws and regulations.
~NT ATI N F RANT
CLE 15. ~ntinuation of the initial Agreement for up to
ARTI The Provider may annually apply fo is subject to the following conditions:
two additional years. Continuation of the Agreement
4
A. An application for continuation of funding must be received by the Authority not
less than 120 days prior to the last day of the term of this agreement.
B. The application is for the same services as set forth in the initial Agreement.
C. The application is subject to the availability of funds.
D. The application is subject to approval by the Authority.
E. Continuation of the Agreement is contingent upon satisfactory Performance of the
Provider as evaluated by the Authority.
ARTICLE 16. AGREEMENT AS INCLUDING ENTIRE AGREEMENT
This instrument embodies the entire Agreement of the parties. There are no
provisions, terms, conditions, or obligations other than those contained herein. This
Agreement supersedes all previous communications, representations or agreements on this
same subject, verbal or written, between the parties.
IN WITNESS WHEREOF, the FLORIDA MOTOR VEHICLE THEFT PREVENTION
AUTHORITY and the Provider have executed this Agreement.
/~.~iA TO FO M' '
#596000282
FID # of PROVIDER
FRED O. DICKINSON (DATE)
CHAIRMAN
FLORIDA MOTOR VEHICLE THEFT
PREVENTION AUTHORITy
CHRISTINE ~Z/~DATE)
',x cuT V O P CTOR
FLORIDA MOTOR VEHICLE
THEFT PREVENTION AUTHORITy